Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-30
APPLICATION ron PATENT.

APPLICATION FOL PATENT.
Where papers have once been filed with the
Register md Receiver they become o part OF
the record, and can neither be Withdrawn nor
returned, but must BIO transmitted to the Geo
ersl Land Once.
An application will be rejected when the
scription of the premises 10 erroneous or
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
Second-Ihe notice was not published in .
newspaper designated ~ published the
claim.
Third-Record title was found defective.
and
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending q suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located in accord.
ance with law.
Where several parties own separate and dis
tinct portions Of . claim. application for
patent may be made by either for that portion
Of the claim owned by him but where several
parties own undivided interests IN . mining
claim all should join In an application for =
patent.
a ptrbOE Ut bbtOClktlOu may purchase 18
many placer locations - the local law admits.
and embrace them ell In one application for q
patent.
Two or more lodes cannot be embraced In
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purport-
ing TO act as q deputy for the Register and Re
ceiver cannot be recorded ~ evidences.
In all patents for mining claims situAted
xu4shfp kha tntartar hnttnAariaa ~ a nwn atsa
q clause Is Inserted excepting and excluding
all town property, rights upon the surface.
and all houses, buildings. structures, lots,
blocks. streets, alleys or other municipal i'm
provements not belonging TO the grantee here
in. and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice muat be made q only
one newspaper for the period OF 90 days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and In daily
newspapers go days must elApse between the
fir,t aud last insertions.
Where the Register d ssignates the d sily issue
of & newspaper for publication Of notices Of .
mining application for patent Ii is not . com.
plisnce with law to change TO the weekly edi.
ton of the same paper without authority Of
the Register.
The existence Of q salt spring on . tract Of
land withdrsws 1t from the operation u the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character of such land 10 not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale Q separate ana
distinct claim against each application which
IT ID alleged conflicts with the premises owned
by such adverse calm ant.
The papers In an adverse claim, once hled
cannot be withdrawn. but becomes a part OF the
record.
When an adverse claim has been nled IL can.
not be amended SO as 10 embrace q larger per.
ton OF the premises ID ian that described in the
original adverse claim.
An adverse claim must be made out in
proper form and flied In the proper local OH ce
during the period Of publication Of the appli-
cation for the patent TO DO effective.
1t is the duty OF the adverse claimant o
commence suit in proper form within the re-
CURED time. aud II he trusts ths Uncertain
medium OF the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure 10 ommence suit be the result OF
the corruption dishonest action OF his attorney,
the Interior Department csnnot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions OF law. without stating Tie
facts specially. will not he considered In evi-
denee.
An auVer8e Claimant snOul0 show O cOmplt.
ance with the local laws In recording his claim
and In regard to expenditures. AID shall nis a
copy OF the original notice OF his location. and
snow the nature or extent OF the eobhici
Aiieeeu;
An aIiegsuoh OF parties TO q suis that they
colnPose the company 10 suncient, and they
are nor required TO prove thai they are the
present the adverse claim.
.ap,crr.
~
Where land Ia OF little, II any value. for aorl.
cultural purposes, but IL essential 10 the
proper development of mining claims. A
should be disposed Of under the Mining Act.
Where lands containing valuable I1t,sr.,
uoposi.s nsve peer lnciuoeo IN an Agricultural
nrior 10 i.spsnc. ~ n.tent nrns 49, umc
evidence OF the existence on snch v.i.shie a.
posits. A'' ue-
Where vaIusb,e danosit. NJ m,,a.., 49, "A.
covered upon 1 trsc, .f,ay the ssms y
ontered az aor,ouitursi bnt hafora 80 ~ ~.
been issued. the parties claiming A. m1ns
may make spplicstion for nstanf To- $50.
and the Agricultural entry viii be esnca,sa n,
that portion Of ths land embraced nv al,
mining claim.
Where mineral deposits are discovered nm
tssnsd ~ 90 .a.sn go. suo pa.ens mas peen
with the patent.